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(영문) 서울서부지방법원 2016.11.02 2016고단2225

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On September 22, 2009, the Defendant was sentenced to a suspended sentence of six months for larceny, etc. at the Suwon District Court’s Gyeyang Branch, and was sentenced to two years for special larceny, etc. at the Seoul Western District Court on May 27, 2010; on July 4, 2013, the same court was sentenced to six months for punishment of larceny; on November 25, 2014, the Defendant was sentenced to four months for imprisonment with prison labor at the Seoul Central District Court for larceny; and on March 25, 2015, the execution of the sentence was completed in the Seoul Detention District Court.

【Criminal Facts】

1. Around 17:00 on June 18, 2016, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (thief) cut off the victim E with a line of 215,000 won at the five-story swimming pool of D hotel located in Yongsan-gu Seoul Metropolitan Government.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny and special larceny, and again stolen another's property during the period of repeated crime.

2. The Defendant violated the Resident Registration Act, asserting that he lost his identification cards to the police officers who were requested to present his identification cards by F, F, G, or patrolman belonging to the Seoul Yongsan Police Station, who was dispatched to the site after receiving a report of 112 at the date and time and place indicated in paragraph (1) of this Article, the Defendant unlawfully used another person’s resident registration number by stating that “in-house name is I, and the resident registration number is J.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Report on investigation (specific as a suspect) and report on investigation (the process of checking identity of a suspect by misappropriation);

1. Previous convictions: The current status of personal confinement and the application of Acts and subordinate statutes to report criminal investigations (judicial records against suspects);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 37 subparagraph 10 of the Resident Registration Act (the illegal use of another person's resident registration number and the choice of imprisonment with prison labor);

1. Cumulative offense.